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Contracts (Remedies for Breach of Contract) Law, 1970 Chapter One: General Provisions Chapter One: General Provisions 1. (a) In this law - "Breach" - Act or omission in contravention of a contract; "Injured party" - The person entitled to performance of a contract which has been broken; "Enforcement" - Whether by an order for the discharge of a monetary obligation, by some other mandatory order or by a restraining order, and includes enforcement by an order for the repair or removal of the consequences of a breach ; "Damage" - Including a prevention of profit. (b) Every reference in this law to a breach of contract will be taken to include the breach of any of its obligations. Definitions 2. When a contract has been breached, the injured party is entitled to claim its enforcement or to rescind the contract, and in addition to or in lieu of one of the said remedies he is entitled to compensation, all as provided in this law. Remedies for Injured Party Chapter Two: Remedies Chapter Two: Remedies pd4ml evaluation copy. visit http://pd4ml.com Article One: Enforcement of Contract 3. The injured party is entitled to enforcement of the contract, unless in any of the following cases: (1) It is impossible to perform the contract; (2) Enforcement of the contract consists of compelling the performance or acceptance of personal work or of a personal service; (3) Implementation of the enforcement order requires an unreasonable level of supervision on behalf of a court or an execution office; (4) Under the circumstances of the case, enforcement of the contract is unjust. Right of Enforcement 4. The court may make enforcement of a contract conditional upon fulfillment of the injured party's obligations or upon assurance of their fulfillment or upon other conditions that necessarily result from the contract under the circumstances of the case. Conditions of Enforcement 5. When an enforcement order is made in respect of an obligation to transfer the ownership of a property right and that transfer requires registration in a register kept under any Law, the registration will be made by virtue of the enforcement order and in accordance with its provisions, as if it were made on the application of the parties. Enforcement in the Case of a Transaction that Requires Registration Article Two: Rescission of Contract pd4ml evaluation copy. visit http://pd4ml.com 6. For purposes of this article, "fundamental breach" - a breach about which it may be assumed that a reasonable person would not have entered into the contract had he foreseen the breach and its consequences, or a breach about which it is agreed in the contract to regard it as fundamental; a sweeping stipulation in a contract, which makes breaches fundamental without differentiating between them, is invalid, unless it was reasonable at the time the contract was concluded. Definition 7. (a) The injured party is entitled to rescind the contract, if its breach was fundamental. (b) When the breach of the contract is not fundamental, the injured party may rescind the contract if he has first given the breaching party an extension of time for its performance, and the contract has not been performed within a reasonable time after the extension was given, unless, - under the circumstances of the case, rescission of the contract is unjust; the pleas that rescission of the contract is unjust will not be heard, unless the beraching party opposes the rescission within a reasonable time after notice of rescission has been given. (c) When the contract can be divided into parts and one of the parts has been breached in a manner that gives cause for rescission of that part, the injured party is only entitled to rescind the part that has been breached; if the breach also constitutes a fundamental breach of the whole contract, the injured party is entitled to rescind the part which has been breached or the whole contract. Right to Rescind 8. Rescission of a contract will be by notice by the injured party, within a reasonable time after he has learned of the breach, to the breaching party; however, in the case specified in section 7(b) and in every other case in which the injured party has given an extension of time for performance of the contract, notice or rescission will be given within a reasonable time after the extension has expired. Rescission Procedure pd4ml evaluation copy. visit http://pd4ml.com 9. (a) When a contract is rescinded, the breaching party will restore to the injured party what he has received thereunder or - if restitution is impossible or unreasonable or the injured party so chooses - pay him the value thereof; and the injured party will restore to the breaching party what he has received under the contract or - if restitution is impossible or unreasonable or the injured party so chooses - pay him the value thereof. (b) When part of a contract is rescinded, the provisions of subsection (a) will apply to what the parties received under that part. Restitution After Rescission Article Three: Compensation 10. The injured party is entitled to compensation for the damage caused to him by the breach and its consequences and which the breaching party foresaw or should have foreseen, at the time the contract was made, as probable consequences of the breach. Right to Compensation 11. (a) When an obligation to supply or receive any property or service has been broken and the contract is rescinded by reason of the breach, the injured party will - without proof of damage - be entitled to compensation in the amount of the difference between the consideration for the property or service under the contract and its value on the date of the contract's rescission. (b) When an obligation to pay a sum of money has been broken, the injured party will - without proof of damage - be entitled to compensation in amount of the interest on the sum in arrears from the date of the breach to the date of payment, at the full rate under the Adjudication of Interest Law 1961, unless the court prescribes a different rate. Compensation Without Proof of Damage pd4ml evaluation copy. visit http://pd4ml.com
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